ANIL KUMAR GUPTA Vs. VIJAY ELECTRICALS & ANR

JUDGEMENT

(1.) This petition filed under Article 227 of the Constitution assails the order dated 26.8.2010 whereby application for amendment preferred by petitioner/ plaintiff is disallowed by the court below.

(2.) Brief facts necessary for adjudication of this matter are that the petitioner filed a suit for eviction and for recovery of rent. After recording of defence evidence, the petitioner filed amendment application (Annexure P-7) on 25.8.2010. This amendment application was disallowed by court below by holding that the relevant facts were within the knowledge of plaintiff since beginning. The plaintiff has not shown any justifiable reason or "due diligence" in belatedly filing the amendment application. If amendment is allowed, the very nature of suit will be changed.

(3.) Criticizing this order, Shri Prashant Sharma learned counsel for the petitioner, submits that in para 6 of the plaint itself, the petitioner has claimed eviction on the basis of Section 12(1)(c) of M.P.Accommodaton Control Act. Thus, this factual averment is very much available since beginning in the body of the plaint. The defendants/respondents entered into the witness box on 29.4.2010 and for the first time he relied on a document dated 17.3.2010 (Annexure P-5). On perusal of this document, the petitioner came to know that some arrangement/agreement has been made between the defendants. This necessitated the amendment application, which was promptly filed in August, 2010.